Maimunah's Column

Maimunah Aminuddin is a retired Professor from the Faculty of Business Management, University Teknologi MARA (UiTM) with vast experience in the areas of management and human resources. She is a fellow of the Malaysian Institute of Human Resource Management (MIHRM) with expertise in the areas of employment, labour and industrial relations laws. She has authored numerous publications in the aforesaid areas, such as the Essentials of Employment and Industrial Relations (2009) and Termination of Employment - Understanding the Process, which was revised in 2012 and is in its 2nd Edition. Her latest book, the Employment Law Manual for Practitioners, was published in October 2013.

Queries and comments may be sent to the columnist at letters@mylawbox.com with the sender’s full name and e-mail address.

Guide to the Employment Act 1955

All employers who employ people to work in Peninsular Malaysia must comply with the Employment Act 1955. This key piece of labour legislation applies mostly to workers earning not more than RM2,000 per month, but also, since the 2012 amendments, includes sections which apply to all employees. The topics in the Guide are offered in alphabetical order and are written in a manner that they can be understood by readers without legal training. Each topic is divided into sub-headings in the form of questions. All sections of the Act are included but with particular emphasis on Absence from Work, Annual Leave, Coverage of Scope of the Act, Foreign Employees, the Labour Court, Maternity Leave, Sexual Harassment and Wages. The relevant section in the Act is listed and examples of court judgements are provided. The Guide also provides a brief overview of the Labour Ordinances of Sabah and Sarawak and the Employment (Part-time Employees) Regulations 2010.

Guide to the Industrial Relations System

The Industrial Relations Act 1967 and the Trade Unions Act 1959, together create the boundaries for the industrial relations system. Employers, employees and trade unions throughout Malaysia are required to comply with these two Acts. The Guide provides topics in alphabetical order which explain and illustrate by case examples the requirements of the two Acts. All sections of the Acts are included, with emphasis on Collective Bargaining, Collective Agreements, Functions of the Department of Industrial Relations, Functions of the Department of Trade Unions, Penalties, Pickets, Recognition of a Trade Union, Role of the Minister of Human Resources, Strikes, Trade Disputes and Trade Unions. Each topic is divided into sub-topics for easy reading.

Practical HR Management

Practical HR Management provides insight into topics such as hiring, firing, privacy, discrimination, sexual harassment and more. It features real scenarios and insightful commentary from leading industry experts and employment law practitioners. Discover techniques you can use to engage your employees in your workforce to drive results for both your organization and your employees. Find answers to your employee problems from practitioners who face the same labour and HR challenges you have every day.

Cases Highlight

HO SENG FATT v. STRATEQ SYSTEM SDN BHD
INDUSTRIAL COURT, KUALA LUMPUR
FREDRICK INDRAN X A NICHOLAS
AWARD NO. 279 OF 2018 [CASE NO: 22(14)(5)/4-1024/10]
2 FEBRUARY 2018

KESATUAN KEBANGSAAN PEKERJA-PEKERJA HOTEL, BAR DAN RESTORAN, SEMENANJUNG MALAYSIA v. PENGKALEN HOLIDAY RESORT SDN BHD (CORUS PARADISE RESORT PORT DICKSON)
INDUSTRIAL COURT, KUALA LUMPUR
EDDIE YEO SOON CHYE
EMPLOYEES’ PANEL: MOHD EFFENDY ABD GHANI
EMPLOYERS’ PANEL: SUGUAMARAN GOVINDASAMY
AWARD NO. 283 OF 2018 [CASE NO: 1/1-384/17]
5 FEBRUARY 2018

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Article Highlight

SMALL BUSINESS VINDICATED AFTER FIRING ASSISTANT FOR LYING ABOUT ANOTHER STAFF MEMBER’S WHEREABOUTS
AUSTRALIA
Employment
MD justified in sacking PA who lied about whereabouts of company director
A personal assistant has lost her unfair dismissal bid after her boss fired her for covering for the absences of another staff member, who asked her to do things like “put a cup of coffee on my desk” to make it appear they had been in the office. At the end of 2016, the managing director of investment company Grandbridge summarily dismissed his personal assistant on the grounds of “serious misconduct”.

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BIPOLAR MANAGER WHO SENT ‘UNPROFESSIONAL’ EMAILS WAS UNFAIRLY DISMISSED, TRIBUNAL RULES
UK
Employment
Manager was unfairly dismissed
A senior manager at a hospital who was diagnosed with bipolar disorder after being summarily dismissed for sending offensive emails to her colleagues and visiting the house of her boss after working hours was unfairly dismissed, a Birmingham tribunal has found. Mrs S Wheeley lodged a claim for unfair dismissal and disability discrimination after she was dismissed from her job at University Hospitals Birmingham NHS Foundation Trust for sending a series of inappropriate emails her union representative described as “the shortest [professional] suicide note in history”.

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Global Media Reports

MALAYSIA

Morocco's child maids suffer like 'slaves'
New Straits Times Online | 19-Apr-2018
RABAT: ‘‘Even a pet animal is better treated,’’ sobs 17-year-old Fatima, one of thousands of young girls exploited and too often abused while working ...

Malaysia’s unemployment rate falls to 3.3pc in February
Malay Mail | 16-Apr-2018
KUALA LUMPUR, April 16 ? Malaysia's unemployment rate fell to 3.3 per cent in February 2018, down 0.1 per cent from the previous month, said the Depar...

ASEAN

Improved career guidance for former inmates re-entering job market
The Straits Times | 19-Apr-2018
SINGAPORE - For many workers, the fast-changing labour market is a great concern. For prisoners re-entering society after years out of the job mark...

The Death of the Singapore Dream
The Online Citizen | 16-Apr-2018
I grew up on the Singapore Dream. Study hard, get good grades, go to a good school, get a good degree, get a good job. Be a doctor, lawyer, engineer, ...

WORLD

Busa supports labour law amendments, but concerned about risks
Creamer Media's Engineering News | 19-Apr-2018
Business Unity South Africa (Busa) has voiced its support for amendments to legislation to introduce provisions to enhance labour relations stability ...

Mass strike expected over proposed amendments to labour laws
Eyewitness News | 16-Apr-2018
CAPE TOWN - Thousands of workers across the country plan to take to the streets later this month, in a protest against proposed amendments to the coun...

See all previous Global Media Reports

New! LLB Bulletin #04/2018